Federal Agency Decisions
Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.
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U.S. Naval Air Station, Key West, Florida and American Federation of Government Employees, Local 1566
Naval Air Station Key West and AFGE Local 1566 (FLRA 0-AR-749): Foreman selection remedy modified
An arbitrator found that Naval Air Station Key West had not followed its agreement and merit promotion plan when filling a transportation equipment maintenance foreman position. He ordered the appointment rescinded and the job reposted. The Authority held that the incumbent could not be removed…
United States Department of Labor, Washington, D.C. and American Federation of Government Employees, Local 12
Department of Labor and AFGE Local 12 (FLRA 0-AR-589): Reduction in force remedy upheld
The Department of Labor fixed employees' retention standings before their December 1981 reduction in force took effect. An arbitrator found that approach violated the rules and ordered corrections using changes in retention factors that should have counted by the release date. The Authority held…
Lonnie Jones v. D&R Contractors
): Review grant left in place
The Commission had granted D&R Contractors' timely petition for review of an ALJ decision in Lonnie Jones's case. Jones asked the Commission to reconsider and vacate that grant, pointing to his opposition to D&R's petition. The Commission treated his opposition as support for the reconsideration…
National Federation of Federal Employees, Local 1622 and U.S. Commissary, Fort Meade, Maryland
Fort Meade Commissary and NFFE Local 1622 (FLRA 0-NG-847): Overtime provisions split
The Fort Meade commissary disapproved two overtime provisions in its agreement with NFFE Local 1622. One would limit employees to a reasonable amount of overtime; the Authority found it nonnegotiable because it could restrict management's right to assign work. The other would let a qualified…
National Federation of Federal Employees, Local 1461 and Department of the Navy, U.S. Naval Observatory
U.S. Naval Observatory and NFFE Local 1461 (FLRA 0-NG-820): Afternoon shift proposal rejected
The U.S. Naval Observatory ended a separate afternoon tour of duty for two employees after upgrading its computer equipment. NFFE Local 1461 proposed keeping their 1 p.m. start time and standard afternoon schedule. The Authority found that the proposal would maintain a distinct tour for specified…
National Association of Government Employees, Local R4-17 and Veterans Administration Medical Center, Hampton, Virginia
Hampton VA Medical Center and NAGE Local R4-17 (FLRA 0-NG-856): Mandatory cash award proposal rejected
NAGE Local R4-17 proposed that cash awards at the Hampton VA Medical Center be granted on a fair and equitable basis. The union explained that, if one employee received an award, everyone with a higher performance rating would have to receive a larger award as a share of salary. The Authority held…
Windsor Power House Coal Company and Price River Coal Company
Walkaround pay violations upheld
Three related mine operators contested citations for failing to pay miners who accompanied federal inspectors during spot inspections. Judge Joseph B. Kennedy held that the Mine Act's walkaround pay provision covers those inspections. He found Southern Ohio Coal Company's renewed challenge barred…
Jeffrey L. Fankhauser v. Gex Hardy, Inc.
Retaliation settlement approved
Jeffrey Fankhauser and Gex Hardy, Inc. asked Judge Joseph B. Kennedy to approve a settlement of Fankhauser's mine safety retaliation case. The judge found that the agreed relief was consistent with the Mine Act and approved it. The company must remove related discipline from Fankhauser's personnel…
Steve Lewis v. Leeco Corporation
Dismissal of discrimination case affirmed
Steve Lewis brought a mine safety discrimination case against Leeco Corporation. Leeco sought dismissal on the ground that the complaint did not state a valid claim, and Lewis did not oppose the motion. Lewis also failed to meet prehearing requirements or appear at a hearing where the judge planned…
Secretary of Labor v. O'Brien Rock Company, Inc.
$9,000 electrical citation settlement approved
O'Brien Rock Company settled three electrical violations at its Chetopa Quarry for $9,000, reduced from MSHA's initial $12,000 assessment. The violations involved a fatality. Judge Michael A. Lasher, Jr. approved the reduction after considering the company's financial losses, the cost of abatement…
Schiavone Construction Company
Cord and underground-fire items reduced to de minimis
Schiavone was the prime contractor on a cut-and-cover subway-station project. The Commission found a de minimis extension-cord violation because heavy-duty cords lay near lumber with protruding nails, but the chance of insulation damage and injury was remote. The members divided on whether the…
Robert K. Bell Enterprises
Amusement-park guarding case remanded after evidence admitted
Bell operated an amusement park where OSHA cited unguarded pulleys and belts on the Scrambler ride. An administrative law judge invalidated the inspection warrant, suppressed the inspection evidence, and vacated the citation for lack of proof that Bell affected interstate commerce. The Commission…
American Federation of Government Employees, Local 32 and Office of Personnel Management
Office of Personnel Management and AFGE Local 32 (FLRA O-NG-902): Three performance proposals rejected
AFGE Local 32 asked OPM to bargain over three proposals involving performance ratings and standards. The first would have credited employees with four extra years of service in a reduction in force based on an outstanding rating in any one performance element; the Authority found that inconsistent…
American Federation of Government Employees, Local 3369 and Social Security Administration, New York Region
SSA New York Region and AFGE Local 3369 (FLRA O-AR-681): Grade reduction exceptions dismissed
An arbitrator ordered grade and pay retention benefits for an SSA mail and supply clerk reduced from GS-4 to GS-3 after a position reclassification. The SSA filed exceptions to that award with the Authority. The Authority held that, because the employee had been reduced in grade without retention…
Department of Justice, U.S. Immigration and Naturalization Service and American Federation of Government Employees, Local 1589
INS and AFGE Local 1589 (FLRA 9-CA-30065): Full arbitration backpay ordered
An arbitrator ordered the Immigration and Naturalization Service to pay an employee four workdays of backpay after reducing a seven day suspension. The agency paid only two days, arguing that the employee had missed only five paid workdays during the original Sunday through Saturday suspension. The…
Harry S. Truman Memorial Veterans Hospital, Columbia, Missouri and American Federation of Government Employees, Local 3399
Truman Memorial Veterans Hospital and AFGE Local 3399 (FLRA 7-CA-757): Ground rule bargaining ordered
Truman Memorial Veterans Hospital and AFGE Local 3399 negotiated an Upward Mobility Program but the hospital refused to discuss the union's proposed ground rules for those negotiations. The hospital argued that ground rules belonged only in formal contract talks. The Authority held that ground rule…
United States Air Force, Lowry Air Force Base, Denver, Colorado and American Federation of Government Employees, Local 1974
Lowry Air Force Base and AFGE Local 1974 (FLRA 7-CA-30363, 7-CA-30364): Union steward interference found
Lowry Air Force Base supervisors called a union steward a troublemaker and included criticism of union activity in the steward's performance appraisal. An administrative law judge found that conduct interfered with protected union activity, while rejecting other allegations in the consolidated…
United States Air Force, 2750th Air Base Wing Headquarters, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio and American Federation of Government Employees, Local 1138
Wright-Patterson Air Base Wing and AFGE Local 1138 (FLRA 5-CA-20335): Dues and union time restored
The Air Force moved a group of employees from Wright-Patterson Air Force Base to a facility about eight miles away, then stopped their union dues deductions and denied a steward official time for a grievance. The Authority found that the employees remained in the same bargaining unit because their…
Internal Revenue Service and National Treasury Employees Union
IRS and NTEU (FLRA 3-CA-952): Taxpayer program bargaining remedy narrowed
The IRS began a Taxpayer Compliance Measurement Program in its Employee Plans Division without giving NTEU adequate notice or bargaining over implementation and employee arrangements. The Authority agreed with the administrative law judge that the change affected employees more than minimally and…
Internal Revenue Service (District, Region, National Office Units) and National Treasury Employees Union
IRS and NTEU (FLRA 3-CA-2206, 3-CA-2876): Tax program staffing proposals negotiable
NTEU proposed selection procedures for staffing the IRS Commodity Tax Shelter and Windfall Profit Tax programs. The IRS declared the proposals nonnegotiable and refused to bargain. The administrative law judge found that the proposals, as explained to the Federal Service Impasses Panel, gave the…
United States Department of Labor and American Federation of Government Employees, AFL-CIO
Department of Labor and AFGE (FLRA 3-CA-20225): Bargaining ordered over MSHA furloughs
The Department of Labor furloughed Mine Safety and Health Administration employees from January 4 through February 2, 1982, without first bargaining over how the furloughs would be implemented and their effects on employees. The administrative law judge found that this violated the agency's…
Internal Revenue Service and National Treasury Employees Union
IRS and NTEU (FLRA 3-CA-1073): Parking bargaining order narrowed
The Internal Revenue Service changed employee parking rules and removed parking spaces without giving NTEU the required chance to bargain over the effects and implementation. The Authority adopted the administrative law judge's violation findings but narrowed his proposed remedy. It ordered the IRS…
U.S. Army Military Traffic Management Command, Eastern Area, Bayonne, New Jersey and American Federation of Government Employees, Local 2855
Army Traffic Management Command and AFGE Local 2855 (FLRA 2-CA-405): Antiunion statements barred, reprimand claim dismissed
The Army's Military Traffic Management Command in Bayonne faced allegations involving statements about union activity and a reprimand of an employee. The chief administrative law judge found that some statements discouraged employees from exercising their union rights. The Authority kept that…
Veterans Administration Medical Center and American Federation of Government Employees, Local 1843
VA Medical Center and AFGE Local 1843 (FLRA 0-AR-810): Laboratory technician grievance barred
A Veterans Administration Medical Center reclassified laboratory technician positions from GS-7 to GS-6 to correct a classification error. The affected employees qualified for grade and pay retention benefits, but their union filed a grievance challenging the downgrade. An arbitrator ruled that the…
NASA Headquarters and NASA Headquarters Professional Association, Local 9, IFPTE/AFL-CIO
NASA Headquarters and Local 9 (FLRA 3-CA-2102): Office move bargaining complaint dismissed
NASA moved several employees to different offices after reorganizing part of its headquarters. The union asked to bargain about office arrangements for two people. The Authority agreed with the judge that one was a management official outside the bargaining unit and the other employee's working…
Mettiki Coal Corporation v. Secretary of Labor
Roof support withdrawal order dismissed
Mettiki Coal contested a withdrawal order alleging that miners crossed beyond supported roof at its A-Mine. An inspector found two roof bolts beyond temporary support and inferred that miners had gone into that area to place them. Judge Gary Melick credited testimony that a miner could position the…
Department of the Army, Oakland Army Base and American Federation of Government Employees, Local 1157
Oakland Army Base and AFGE Local 1157 (FLRA O-AR-785): Early arbitration exception dismissed
The union grieved the Army base's decision to contract out work. The parties agreed that the arbitrator would decide whether the grievance was arbitrable before hearing its merits. After the arbitrator found it arbitrable, the base filed an exception and asked the Authority to stay the proceeding…
Secretary of Labor v. Peabody Coal Company
Omitted $100 penalty added
Judge Gary Melick amended an earlier civil penalty decision involving Peabody Coal Company's Camp No. 2 Mine. The November 20, 1984 decision had inadvertently left out the amount assessed for Citation No. 2338148. This order adds a $100 civil penalty for that citation and directs Peabody to pay it…
Secretary of Labor on behalf of Robert Ribel v. Eastern Associated Coal Corporation
Secretary on behalf of Ribel v. Eastern Associated Coal (FMSHRC WEVA 84-33-D): Expenses partly awarded, private counsel fees denied
After finding that Eastern Associated Coal had discriminated against miner Robert Ribel, Judge George A. Koutras addressed Ribel's request for attorney fees and other expenses. The judge denied fees for private counsel because the Secretary had prosecuted the complaint and, in his view, private…
National Federation of Federal Employees, Local 1827 and Defense Mapping Agency, Aerospace Center, St. Louis Air Force Station, Missouri
NFFE Local 1827 and Defense Mapping Agency (FLRA O-NG-747): Secrecy agreement substitute rejected
The Defense Mapping Agency required employees to sign a secrecy agreement about protecting national defense information. The union proposed a shorter acknowledgment of the Espionage Act in its place. The Authority found that the agency's agreement was part of its internal security plan and…
American Federation of Government Employees, Local 2047 and Defense Logistics Agency, Defense General Supply Center, Richmond, Virginia
AFGE Local 2047 and Defense General Supply Center (FLRA O-NG-743): Early promotion notice proposal dismissed
The union proposed receiving the names of employees selected for promotion, including supervisors and managers, before the agency announced the selections publicly. The Authority found that the union had not shown how advance access to those names affected bargaining unit employees' conditions of…
American Federation of Government Employees, Local 1940 and Department of Agriculture, Plum Island Disease Center
AFGE Local 1940 and Plum Island Disease Center (FLRA O-NG-676): One appraisal proposal negotiable
The union proposed seven sets of contract terms for the Plum Island Disease Center's employee performance appraisal system. The Authority found that the first proposal, which defined appraisal terms and called for fair and objective standards, was within the duty to bargain. It rejected the other…
Veterans Administration Medical Center, Asheville, North Carolina and American Federation of Government Employees, Local 446
Asheville VA Medical Center and AFGE Local 446 (FLRA O-AR-869): Late arbitration exceptions dismissed
The union filed exceptions to an arbitrator's award involving the Asheville VA Medical Center. The arbitrator sent the award with a letter dated September 18, 1984, and later sent the union another copy after hearing nothing from it. The union said it received the award on November 1 and filed…
Veterans Administration Medical Center, Lebanon, Pennsylvania and American Federation of Government Employees, Local 1966
Lebanon VA Medical Center and AFGE Local 1966 (FLRA O-AR-771): Physician removal exception dismissed
A physician at the Lebanon VA Medical Center was removed after a professional standards board found him unsatisfactory during a probationary appointment. The union grieved the removal and challenged the arbitrator's conclusion that the special VA probationary statute applied. The Authority did not…
U.S. Department of Justice, Federal Correctional Institution Danbury and American Federation of Government Employees, Local 1661
FCI Danbury and AFGE Local 1661 (FLRA O-AR-507): Travel compensatory time award set aside
Employees at the Danbury federal prison traveled outside duty hours to attend agency training in Denver. An arbitrator awarded compensatory time after finding the prison had not shown that travel during regular hours was impracticable. The Authority held that federal law permits compensatory time…
The Nacco Mining Company v. Secretary of Labor
Miner representative settlement approved
Nacco Mining contested two citations and two withdrawal orders arising from its refusal to let union-selected mechanics accompany federal inspectors at the Powhatan No. 6 Mine. The Mine Act permits designated miner representatives to accompany inspectors, while Nacco argued that selecting several…
Army and Air Force Exchange Service, Rocky Mountain Area Exchange, Fort Carson, Colorado and American Federation of Government Employees, Local 1345
Fort Carson exchange and AFGE Local 1345 (FLRA 7-CA-30472): Interview representation complaint dismissed
A Fort Carson exchange employee asked for a union representative during an investigative interview that he believed might lead to discipline. Security staff began questioning him before the representative arrived, after he responded “okay” when told the interview would start. The judge found that…
Department of the Army, U.S. Army Transportation Center, Fort Eustis, Virginia and Local 19, Federal Firefighters Association and American Federation of Government Employees, Local 1341
Fort Story firefighters and Army Transportation Center (FLRA 4-RO-30036): Separate unit petition dismissed
The Federal Firefighters Association sought a separate bargaining unit for fire prevention and protection employees at Fort Story. Those employees were already part of an Army unit represented by AFGE. The Authority found that the existing unit shared a community of interest and supported effective…
National Federation of Federal Employees, Local 108 and U.S. Department of Agriculture, Farmers Home Administration
NFFE Local 108 and Farmers Home Administration (FLRA 0-NG-785): Reduction in force proposals split
The union proposed terms for a reduction in force at the Farmers Home Administration. One would let union representatives help formulate the retention register used to rank employees for layoffs. The Authority found that this would insert the union into a management decision and was outside the…
Secretary of Labor v. Price Construction, Inc.
Ungrounded explosive magazines cited
MSHA cited Price Construction for failing to ground two metal explosive magazines at its Crusher No. 2 Mine. The company acknowledged the violation and immediately corrected the condition. Judge George A. Koutras considered the company's small size, limited history of prior violations, prompt…
Internal Revenue Service, Ogden Service Center, Ogden, Utah and National Treasury Employees Union
IRS Ogden Service Center and NTEU (FLRA 7-CA-580): Local bargaining complaint dismissed
The IRS reorganized its service centers and moved quality review employees into a section whose supervisors evaluated work the reviewers examined. NTEU's Ogden chapter requested bargaining before the local change took effect. The judge found that the IRS had not adequately told the national union…
Secretary of Labor v. Maben Energy Corp.
Settlement order returned for correction
An ALJ had approved a settlement in the proceedings involving Maben Energy Corp. The judge later asked the Commission to return the case to his jurisdiction so he could correct clerical mistakes or omissions in that decision. The Commission granted the request and returned the case for correction…
Secretary of Labor v. Carolina Stalite Company
Nine citations settled for $2,000
MSHA cited Carolina Stalite's lightweight aggregate mill in five dockets for nine violations involving a silo accident, machine guards, lighting, a loader, protective footwear, a walkway, and sanitation. The parties proposed settling the $2,587 in assessed penalties for $2,000. Judge Michael A…
Secretary of Labor v. Carey Salt - Division of Processed Minerals, Inc.
Secretary of Labor v. Carey Salt (FMSHRC CENT 84-67-M): Railcar blocking settlement approved
MSHA cited Carey Salt's underground salt mine after parked railcars moved from a spur track and struck other cars, fatally injuring an employee near the loading dock. The citation alleged that the parked cars lacked the required positive action stopblock. The parties proposed settling the $4,000…
U.S. Department of the Treasury, Internal Revenue Service, Philadelphia Service Center and National Treasury Employees Union, Chapter 71
IRS Philadelphia Service Center and NTEU Chapter 71 (FLRA 23-CA-194, 23-CA-368): Performance expectations complaints dismissed
The IRS introduced performance expectations in two divisions at its Philadelphia Service Center. In the first case, the Authority found that the union had enough notice to request bargaining about the impact and implementation of the Processing Division expectations before they took effect but did…
Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration and AFGE (FLRA O-AR-883): Late arbitration exceptions dismissed
AFGE challenged an arbitration award involving the Social Security Administration. The award was dated and apparently mailed to the parties on October 18, 1984. The Authority calculated that exceptions had to be filed by November 21, but the union filed them on November 27. It dismissed the…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration and AFGE (FLRA 23-CA-1974): Clerk rotation complaint dismissed
A Social Security Administration hearing office assigned clerks to type decisions for another administrative law judge on a monthly rotation. The union alleged that the agency had to bargain over the change's impact and implementation. The judge found that the rotation used a small portion of the…
National Treasury Employees Union and NTEU Chapter 121 and Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms
NTEU and ATF (FLRA 6-CO-15): National union's attorney policy violated representation duty
An ATF employee who did not belong to NTEU sought a union attorney after the agency contemplated an adverse action. NTEU's policy gave attorney representation to members on different terms than nonmembers. The Authority agreed with the judge that the national union's policy violated its duty to…
Secretary of Labor v. Kitt Energy Corporation
Summary disposition granted and case remanded
The Secretary of Labor sought discretionary review and summary disposition of an appeal in a case against Kitt Energy Corporation. The Commission granted review and stayed briefing while awaiting Kitt Energy's response to the motion, but no response was filed. It then granted the Secretary's motion…
Secretary of Labor v. Jim Walter Resources, Inc.
Coal belt citation vacated
MSHA cited Jim Walter Resources under a belt conveyor standard at its No. 3 Mine. The parties waived a hearing and stipulated that the cited belt carried coal. Chief Administrative Law Judge Paul Merlin applied an earlier decision holding that 30 C.F.R. § 75.1403-5(g) does not cover coal-carrying…
Secretary of Labor v. Locke's Quarry, Inc.
Defective cable splice citations upheld
MSHA cited Locke's Quarry for defective splices in two 110-volt power cables that lacked insulation and moisture sealing required by the mine safety standard. The company did not dispute the violations but challenged the significant and substantial finding for the floodlight cable and questioned…
Secretary of Labor v. Rob Coal Company, Inc.
Dust sampling violations affirmed with lower penalties
MSHA cited Rob Coal's three-person strip mine for two invalid respirable dust samples from designated work positions. The company had collected and submitted both samples, but it used old data cards without the information MSHA's computer required, so the samples were rejected. Judge George A…
Rushton Mining Company v. Secretary of Labor
Self-rescue device storage order vacated
Rushton Mining contested an MSHA order requiring it to move self-contained self-rescue devices from a portable storage unit at the end of a track entry to another intake-air entry. Rushton's plan allowed storage in a designated intake escapeway, and the track entry was both a designated escapeway…
Secretary of Labor v. United States Steel Mining Company, Inc.
Roof control citations upheld
Two mine plan coordinators died in a roof fall at U.S. Steel Mining's Maple Creek No. 1 Mine after going beyond permanent roof supports. The company did not dispute that they violated its roof control plan, but it contested whether a foreman's negligence should be attributed to the company and…
Federal Employees Metal Trades Council and Department of the Navy, Mare Island Naval Shipyard, Vallejo, California
Mare Island Naval Shipyard and Metal Trades Council (FLRA O-NG-768): Paycheck delivery proposal dismissed
The Navy planned to send new hires' paychecks only to designated addresses. The union proposed giving them the same choice current employees had between mailed pay and hand delivery at work. The Authority treated payroll distribution as a support function tied to agency operations and held that…
American Federation of Government Employees, Local 1533 and Department of the Navy, Navy Commissary Store Region Oakland and Navy Commissary Store Alameda, California
AFGE Local 1533 and Navy commissaries (FLRA O-NG-753): Workplace paycheck proposal dismissed
The union proposed that new employees at Navy commissaries retain the same paycheck delivery options as current bargaining unit employees, including workplace distribution. The Navy said the proposal would restrict its choice of methods for delivering pay. Relying on a closely related decision, the…
National EPA Council, American Federation of Government Employees and Environmental Protection Agency
AFGE National EPA Council and EPA (FLRA O-NG-738): Negotiation observers' official time negotiable
The EPA planned to use one representative in contract negotiations, which limited the union's matching official time under one provision of federal labor law. The union proposed duty time for an additional note taker and for resource or observer participants at the bargaining table. The Authority…
National Association of Government Employees, Local R7-23 and Department of the Air Force, Scott Air Force Base, Illinois
NAGE Local R7-23 and Scott Air Force Base (FLRA O-NG-663): Official time proposal dismissed
NAGE represented a nonappropriated fund employee unit at Scott Air Force Base under a separate contract from its other units. It proposed official time for representatives from outside that unit to represent its employees. The Authority held that the agency's bargaining obligation under this…
Veterans Administration Staff Nurses Council, Local 5032, AFT and Veterans Administration Medical Center, Wood (Milwaukee), Wisconsin
VA Staff Nurses Council and Milwaukee VA Medical Center (FLRA O-NG-1049): Negotiability petition dismissed after withdrawal
The nurses' union proposed relieving registered nurses of nonprofessional tasks so they could focus on professional duties. The Milwaukee VA Medical Center first declared the proposal nonnegotiable, and the union sought Authority review. The medical center then withdrew its allegation that the…
Veterans Administration National Cemetery, Calverton, New York and American Federation of Government Employees, Local 3692
Calverton VA National Cemetery and AFGE Local 3692 (FLRA O-AR-546): Probationary grievance award set aside
A probationary employee of the Calverton VA National Cemetery grieved his separation. The arbitrator accepted the grievance as arbitrable but denied it on the merits. The union challenged that award. The Authority held that governing law and regulations excluded a probationary separation grievance…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.